Federal Amicus

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Rotkiske v. Klemm

U.S. Supreme Court
Decided
December 11, 2019

Supreme Court holds that the statute of limitations for Fair Debt Collection Practices Act (“FDCPA”) claims begins to run on the date the alleged FDCPA violation occurs, not the date on which the violation is discovered.  Significantly, the Court also rejected a general background discovery rule for federal statutes, explaining that if there are two plausible constructions of a statutory limitations period, the accrual rule governs.  The U.S. Chamber filed an amicus brief in support of this result. 

Snap Inc. v. Erickson

U.S. Court of Appeals for the Ninth Circuit
Pending
December 10, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to grant interlocutory review and decertify class action as untimely under the Supreme Court’s recent decision in China Agritech v. Resh.

CTIA-The Wireless Association v. City of Berkeley, California

U.S. Supreme Court
Decided
December 9, 2019

Supreme Court denies cert. petition regarding the proper legal standard for compelled commercial speech.  The Chamber filed an amicus brief supporting cert.

U.S. Forest Service v. Cowpasture River Preservation Association

U.S. Supreme Court
Pending
December 9, 2019

U.S. Chamber and aligned business groups urge U.S. Supreme Court to reverse lower court’s misinterpretation of the National Trails Act to eliminate the Forest Service’s authority to grant easements for infrastructure underneath national trails.  Previously, the U.S. Chamber filed amicus briefs supporting cert. and urging the Fourth Circuit to grant rehearing en banc.

Chamber of Commerce v. Becerra

U.S. District Court - Eastern District of California
Pending
December 9, 2019

U.S. Chamber, joined by CalChamber and other business groups, files complaint challenging California AB 51.  California AB 51 purports to bar employers from requiring employees and applicants for employment from arbitrating disputes.  The chambers’ complaint claims that AB 51 is preempted by the Federal Arbitration Act, and seeks a preliminary injunction, a permanent injunction, and a declaratory judgment against AB 51.

International Brotherhood of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration

U.S. Court of Appeals for the Ninth Circuit
Pending
December 6, 2019

U.S. Chamber files amicus brief urging Ninth Circuit to uphold the Federal Motor Carrier Safety Administration’s determination that federal law preempts California’s meal and rest break rules as applied to commercial drivers operating in interstate commerce.

Muransky v. Godiva Chocolatier, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Pending
December 4, 2019

U.S. Chamber and other business groups file en banc amicus brief urging Eleventh Circuit to reject no-injury FACTA class action that had permitted class action settlement where the named class members had suffered no injury.  Previously, the Chamber filed two amicus briefs supporting rehearing and rehearing en banc.

Warner Chilcott (US), LLC v. City of Providence, A.F. OF L.

U.S. Court of Appeals for the First Circuit
Decided
December 3, 2019

First Circuit denies Rule 23(f) certification.  The U.S. Chamber filed an amicus brief urging the  First Circuit to clarify that district courts must provide a reasoned explanation for class-certification decisions in order to permit meaningful appellate review.  After the U.S. Chamber filed its brief, the district court issued a lengthy opinion.

Ipsen Biopharmaceuticals, Inc v. Azar

U.S. Court of Appeals for the District of Columbia Circuit
Decided
December 3, 2019

D.C. Circuit reverses district court and further clarifies what constitutes final agency action that’s reviewable in the courts.  The U.S. Chamber filed an amicus brief supporting this result.

House v. Akorn, Inc.

U.S. Court of Appeals for the Seventh Circuit
Pending
December 2, 2019

U.S. Chamber files amicus brief urging the Seventh Circuit to provide guidance for district courts to follow in policing against meritless merger-objection cases.

Charter Communications, Inc. v. Gallion

U.S. Supreme Court
Pending
December 2, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to review Ninth Circuit judgment holding that the government-debt exception to the Telephone Consumer Protection Act violates the First Amendment, but striking down the exception instead of the liability provisions of the TCPA.  The U.S. Chamber’s brief argues that the proper remedy was to invalidate the TCPA’s prohibition on speech, not to sever the exception.  The U.S. Chamber previously filed amicus briefs at the panel stage and in support of rehearing in the Ninth Circuit.

Chavez v. Plan Benefit Services, Inc.

U.S. Court of Appeals for the Fifth Circuit
Pending
December 2, 2019

U.S. Chamber files amicus brief urging Fifth Circuit to reverse district court’s decision certifying a participant-led multi-plan class action under Rule 23(b)(1)(B).

SEIU Local 87 v. NLRB

U.S. Court of Appeals for the Ninth Circuit
Pending
December 2, 2019

U.S. Chamber files coalition brief urging Ninth Circuit to reaffirm that the Taft-Hartley Act’s ban on union secondary boycotts of neutral third parties does not violate the First Amendment.

United States v. CIMZNHCA, LLC

U.S. Court of Appeals for the Seventh Circuit
Pending
November 29, 2019

U.S. Chamber files amicus brief arguing Seventh Circuit should reverse district court’s decision denying government’s motion to dismiss a relator’s qui tam action under the False Claims Act. 

State of New York v. EPA

U.S. Court of Appeals for the District of Columbia Circuit
Pending
November 25, 2019

U.S. Chamber and business groups intervene in defense of EPA’s denial of NY’s petition to place additional controls on hundreds of sources based on NY’s unfounded attempt to stretch the “good neighbor” provisions of the Clean Air Act.

State of Rhode Island v. Shell Oil Products Co., LLC

U.S. Court of Appeals for the First Circuit
Pending
November 27, 2019

U.S. Chamber files amicus brief in public-nuisance case against energy companies urging First Circuit to reverse district court’s remand order and accept federal jurisdiction.

Saccameno v. Ocwen Loan Servicing, LLC

U.S. Court of Appeals for the Seventh Circuit
Decided
November 27, 2019

Seventh Circuit reduces punitive damages award to the amount of compensatory damages.  The U.S. Chamber filed an amicus brief supporting this outcome, arguing that the initial amount was excessive.

Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.), Inc.

U.S. Court of Appeals for the Tenth Circuit
Pending
November 25, 2019

U.S. Chamber files amicus brief in public-nuisance case against energy companies urging Tenth Circuit to reverse district court’s remand order and accept federal jurisdiction.

Washington Alliance of Technology Workers v. U.S. Department of Homeland Security

U.S. District Court - District of Columbia
Pending
November 25, 2019

U.S. Chamber files motion for summary judgment defending legality of DHS’s 2016 STEM OPT rule.  The U.S. Chamber is an intervenor in support of DHS.

AMG Capital Management, LLC v. Federal Trade Commission

U.S. Supreme Court
Pending
November 22, 2019

U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert. to decide whether the FTC’s authority to seek injunctive relief includes the authority to seek monetary awards.

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